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mapontosevenths 16 hours ago

> You can't refuse to submit evidence to court, including things like encryption keys or things only stored in your head - or face penalties including unlimited jail time.

This is a bit more complex in the US. We have the fifth amendment to our Constitution which says "nor shall [a person] be compelled in any criminal case to be a witness against himself."

So, we can't be made to testify against ourselves. This has sometimes been interpreted to mean that they can't compel cryptography keys that are stored in our brains, and sometimes has been interpreted the other way.

I'm unaware of any definitive decision that applies universally. I've heard some suggest that passphrases that are themselves an admission of crime are a workaround that ensures you can't be compelled to provide them.

rich_sasha 16 hours ago | parent [-]

Why would breaking the privacy of Tor users be self-incriminating? If anything, surely it's the evidence of innocence - whatever unsavoury websites were visited via the Tor node were Tor users, not this guy.

Ray20 14 hours ago | parent [-]

> surely it's the evidence of innocence

The obligation to provide evidence of self- innocence is equivalent to the obligation to provide evidence of self- guilt. Doesn't one follow logically from the other?

rich_sasha 13 hours ago | parent [-]

Not really. Protecting by law ones right to withhold information that would incriminate them is one thing. But the incarcerated guy doesn't seem to claim there's anything incriminating him in these files. He simply stated he doesn't want to share it with the cops.

My understanding is, it's not like the FBI got a warrant for this etc, and instead started flinging shit at him - which is clearly bad. But for this narrow argument, that's besides the point, IMHO (IANAL). Because in the first place, the guy simply didn't want to share this information with law enforcement. There is no claim that it incriminates him.

How that stacks up against actual US case law, I have no idea of course, but I don't see how it follows from the right to not self-incriminate.